Lutheran Education South Australia, Northern Territory & Western Australia Incorporated T/A Lutheran Education SA, NT & WA (LESNW)

[2025] FWCA 2018

[2025] FWCA 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lutheran Education South Australia, Northern Territory & Western Australia Incorporated T/A Lutheran Education SA, NT & WA (LESNW)

(AG2025/1710)

LUTHERAN SCHOOLS NT COLLECTIVE ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 18 JUNE 2025

Application for approval of the Lutheran Schools NT Collective Enterprise Agreement 2025

1. This decision deals with an application made for approval of an enterprise agreement known as the Lutheran Schools NT Collective Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lutheran Education South Australia, Northern Territory & Western Australia Incorporated T/A Lutheran Education SA, NT & WA (LESNW) (the Applicant). The Agreement is a single enterprise agreement.  

1. The Agreement is proposed to cover the following related employers pursuant to a Single Interest Authorisation issued by the Commission on 30 May 2024:[1]

·Lutheran Education South Australia, Northern Territory & Western Australia Incorporated T/A Lutheran Education SA, NT & WA (LESNW);

·Good Shepherd Lutheran College NT Incorporated T/A Good Shepherd Lutheran College;

·Living Waters Lutheran School Incorporated T/A Living Waters Lutheran School; and

·Yirara College of the Finke River Mission Inc T/A Yirara College.

1. The application was required to be filed within 14 days after it was made on 23 May 2025 in accordance with s.185(3) of the Act. As it was not filed until 17 June 2025, it was filed 11 days after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. The difference in the name was a change in the year, reflective of the time taken in the Agreement making process, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[2]

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[3] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, the NES precedence clause at 11.2 and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Independent Education Union of Australia – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

[1] Application by Lutheran Education SA, NT and WA Inc. (B2024/519); PR775449.

[2] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[3] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE529405 PR788353>